4/18/2012 10:30 AM PDT

Nicollette Sheridan will get another chance to prove she was wrongfully terminated from "Desperate Housewives" -- because a judge has decided to allow a retrial after the previous one ended with a hung jury.

ABC/Disney had asked the judge to dismiss the case based on the evidence that surfaced during trial earlier this year ... but the judge just shot them down.

The judge has set the retrial for September 10 -- but the judge strongly urged both Disney and Nicollette to settle the case. And based on what we know, this case will never be re-tried, because the jury vote in the first trial was 8 - 4 in favor of the actress -- she was one vote shy of getting a verdict ... and Disney is not going to play with that fire a second time around.